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(영문) 대구지방법원 서부지원 2016.05.20 2016고단379

국민체육진흥법위반(도박등)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 19, 2014, the Defendant: (a) transferred KRW 700,00 to the Agricultural Cooperative (G) accounts in the name of F designated at the above site, “C,” D, and “E access to the Internet sports site”; (b) deposited the corresponding game money in return for the betting amount; and (c) paid a certain percentage of dividends depending on whether or not the money was fit; and (d) received a certain amount of dividends from around October 5, 2015, from around 308 to around October 5, 2015, the Defendant deposited KRW 306,980,000 in total, and collected KRW 250,000 in total, 250,000 in the betting amount.

As a result, the Defendant habitually stuffed with gambling, and at the same time, the Seoul Olympic Games Promotion Foundation and a person other than the entrusted business entity issued voting rights or similar things and provided property or property benefits to those who correctly predicted the result.

Summary of Evidence

1. Statement by the defendant in court;

1. A screen of the gambling site;

1. Copy of a letter of transfer of the relevant case;

1. Investigation report (Attachment to the part of the suspect's gambling in the criminal account of the relevant case);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method and frequency of crimes in the judgment, and repeated crimes of the same kind for a considerable period;

1. Article 48 subparagraph 3 of the relevant Act on the Promotion of National Sports of the Republic of Korea; Article 26 (1) of the same Act on the facts constituting an offense; Article 246 (2) and Article 246 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the following factors: (a) the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the gambling inflicted considerable damage on the Defendant; and (c) the age, sex, and environment of the Defendant; and (d) various conditions of sentencing as indicated in the instant case.